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Town of Andover Sued for Personal Injury After Massachusetts Man is Struck by Police Car

An Andover resident and his family are suing the town for personal injuries he suffered when he was hit by a police car. Christopher “Gerry” Lohan was shoveling snow in his driveway last December when the accident happened. Officer Daniel Devine was driving the police cruiser.

Lohan, 39, suffered a fractured leg. He continues to have problems climbing and descending stairs and walking long distance and his still taking pain medication. A titanium road and screws were inserted in his leg. Lohan’s lawyer says his medical costs are up to $120,000.

Lohan and his family are seeking $400,000 in damages. Under Massachusetts law, a municipality can pay no more than $100,000 max per injury claim against it. The family has filed four separate claims. One claim for injuries and three claims for loss of comfort, care, consortium, and services on behalf of Lohan’s wife and their two sons.

Lohan’s attorney says that Devine was driving at a negligent speed and was not driving safely for the current weather conditions, which caused his vehicle to swerve across the road, crash into the snowbank, and hit Lohan.

As a result of the crash, Lohan flew into the hood and windshield of the police vehicle before being thrown 10-15 feet. The police car continued driving for about 25 feet before stopping. Andover police claim the crash happened because of weather conditions rather than speeding.

Serious injuries caused by a motor vehicle collision can require extensive and costly medical care. Not only must the victim contend with the physical hardship that comes with recovering and/or living with an injury, but he or she may not be able to return to work or complete tasks necessary to take care of a family or household.

Andover resident seeks damages for being hit by police cruiser, The Eagle-Tribune.com, August 13, 2008
Man hit by cruiser while shoveling driveway, AndoverTownsman.com, December 20, 2007

Related Web Resources:

Andover, MA

Andover Police Department